Terms of Service

Please read these Terms of Service carefully before accessing or using the website located at food-papaginos.rest or any services offered by Papa Ginos. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using or accessing this website.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Papa Ginos ("Company," "we," "us," or "our"), governing your access to and use of the website food-papaginos.rest (the "Website"), including all content, functionality, services, and products offered on or through the Website.

By using the Website, creating an account, placing an order, subscribing to any service, or clicking "I Agree" where such an option is made available, you confirm that:

• You are at least 18 years of age, or if you are between 13 and 18 years of age, you have obtained verifiable parental or guardian consent;
• You have the legal capacity to enter into a binding contract under applicable United States law;
• You are not prohibited from using our services under any applicable federal, state, or local law;
• You will use the Website and services in compliance with these Terms and all applicable laws and regulations.

If you are using the Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" will refer to such entity.

2. Description of Services

Papa Ginos is a food service business operating in the United States, offering customers the ability to browse our menu, place orders for food and beverages, make reservations, and engage with our brand through the Website. Our services include, but are not limited to:

• Online Ordering: Customers may place orders for pickup or delivery through the Website, subject to service availability in their geographic area;
• Menu Browsing: Users may browse our current menu offerings, including descriptions, pricing, allergen information, and nutritional data where provided;
• Account Creation and Management: Users may create personal accounts to save preferences, track order history, and manage loyalty or rewards programs;
• Promotions and Offers: We may offer promotional deals, discounts, coupons, or loyalty reward programs through the Website from time to time;
• Customer Support: Users may contact us through the Website to receive assistance with orders, complaints, or inquiries;
• Catering Services: Large-scale food orders for events, corporate functions, or private gatherings may be available through the Website or by direct contact;
• Nutritional and Allergen Information: We strive to provide accurate information regarding ingredients, allergens, and nutritional content, though this may vary by location and preparation.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and service areas are subject to change without prior notice.

3. User Accounts and Registration

Certain features of the Website may require you to register for an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate and complete. You are responsible for:

• Maintaining the confidentiality of your account credentials, including your username and password;
• All activities that occur under your account, whether or not authorized by you;
• Notifying us immediately at [email protected] if you suspect any unauthorized use of your account or security breach;
• Ensuring that your account information is not shared with third parties without our express written consent.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion if we determine that a user has violated these Terms or engaged in fraudulent or harmful activity.

4. User Obligations and Prohibited Activities

As a condition of your use of the Website and services, you agree to use the Website only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations in the United States. You agree that you will not, under any circumstances:

4.1 Prohibited Conduct

• Use the Website for any fraudulent, misleading, or deceptive purpose, including submitting false orders, providing false payment information, or impersonating another person or entity;
• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website;
• Use automated scripts, bots, scrapers, crawlers, or other automated tools to access, monitor, or copy content from the Website without our prior written permission;
• Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
• Post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Interfere with or disrupt the integrity or performance of the Website, its servers, or its networks;
• Attempt to probe, scan, or test the vulnerability of our systems, or breach any security or authentication measures;
• Use the Website in any manner that could damage, disable, overburden, or impair the Website or servers or networks connected to the Website;
• Collect or harvest any personally identifiable information from the Website, including account names, without authorization;
• Violate any applicable local, state, national, or international law or regulation in connection with your use of the Website;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Papa Ginos or users of the Website or expose them to liability;
• Use the Website to place orders for which you do not intend to pay or that you intend to dispute fraudulently;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or our services for commercial purposes without our express written consent.

4.2 Content Standards

If the Website allows you to submit reviews, comments, or other user-generated content, such content must comply with all applicable laws and must not contain false, misleading, or defamatory statements about Papa Ginos, its employees, partners, or other users. We reserve the right to remove any content that we determine, in our sole discretion, violates these standards or our policies.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, photographs, audio, video, data compilations, software code, and the design, selection, and arrangement thereof — are owned by Papa Ginos, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.1 Trademarks

The Papa Ginos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Papa Ginos or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial purposes. This license does not include the right to:

• Modify or copy the materials on the Website;
• Use the materials for any commercial purpose or for any public display;
• Attempt to decompile or reverse engineer any software contained on the Website;
• Remove any copyright or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Papa Ginos at any time without notice.

6. Payment Terms and Ordering

When placing orders through the Website, the following payment terms apply:

6.1 Pricing and Payment

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. We reserve the right to correct any errors in pricing that may appear on the Website. By submitting a payment, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is accurate and complete.

6.2 Accepted Payment Methods

We accept various forms of payment as indicated at checkout, including major credit cards, debit cards, and other payment methods as made available on the Website. All payment transactions are processed through secure, third-party payment processors, and we do not store your full payment card information on our servers.

6.3 Order Confirmation

An order confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product availability, errors in product or pricing information, or suspected fraudulent activity. If your order is cancelled after your payment has been processed, we will issue a full refund to your original payment method.

6.4 Refunds and Cancellations

Refund and cancellation policies may vary depending on the type of order, timing of the cancellation request, and applicable circumstances. If you have a concern about a food order, including quality issues, missing items, or order inaccuracies, please contact us promptly at [email protected]. We will review each situation on a case-by-case basis and work to provide a reasonable resolution in accordance with applicable consumer protection laws.

6.5 Taxes

Applicable federal, state, and local sales taxes will be calculated and added to your order total at checkout, as required by law. You are responsible for paying any applicable taxes related to your purchases.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, MATERIALS, INFORMATION, AND PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PAPA GINOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING MENU ITEMS, NUTRITIONAL INFORMATION, ALLERGEN DETAILS, AND PRICING;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVERS MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nutritional and allergen information provided on the Website is intended for informational purposes only. Customers with food allergies or special dietary needs should contact us directly before placing an order to discuss their specific requirements. We cannot guarantee that our food products are entirely free from allergens due to shared preparation environments.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW IN THE UNITED STATES, IN NO EVENT SHALL PAPA GINOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• BUSINESS INTERRUPTION OR LOSS OF ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PAPA GINOS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Papa Ginos, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services in a manner not expressly authorized by these Terms;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or consumer protection law;
• Any content you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent conduct;
• Any misrepresentation you make in connection with your use of the Website or services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims. You will not settle any such claim without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Papa Ginos is headquartered and operates, without giving effect to any choice or conflict of law provision or rule.

You agree that any legal action or proceeding relating to your access to, or use of, the Website or services shall be instituted in the federal or state courts of competent jurisdiction in the United States. You agree to submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such suit, action, or proceeding in such courts.

Our services are designed and intended for use within the United States. We make no representation that the Website or its content is appropriate or available for use outside of the United States. If you choose to access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

These Terms are subject to and consistent with applicable federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., which prohibits unfair or deceptive acts or practices in commerce. To the extent our Website serves California residents, we also acknowledge applicable rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further detailed in our Privacy Policy.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute with us informally by contacting us at [email protected]. We will make good-faith efforts to resolve the matter within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief sought. If we are unable to resolve the dispute informally within this period, either party may proceed to formal dispute resolution as set forth below.

11.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, AND EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, YOU AND PAPA GINOS AGREE THAT ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English and shall take place in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND PAPA GINOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

11.4 Small Claims Court

Notwithstanding the foregoing, either party may elect to have disputes or claims resolved in a small claims court of competent jurisdiction if the claim qualifies and the amount in controversy is within the jurisdictional limits of such court.

11.5 Opt-Out

You may opt out of the binding arbitration and class action waiver provisions described above by sending written notice to us at [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes shall be resolved in the courts set forth in the Governing Law section above.

12. Term and Termination

These Terms of Service are effective as of the date you first access or use the Website and shall remain in full force and effect for as long as you continue to use the Website or maintain an account with us, unless earlier terminated in accordance with these Terms.

12.1 Termination by You

You may terminate your use of the Website and these Terms at any time by ceasing all use of the Website and, if applicable, deleting your account. Ceasing use of the Website does not relieve you of obligations incurred prior to termination.

12.2 Termination by Papa Ginos

We reserve the right, in our sole discretion, to terminate or suspend your access to the Website and services, with or without notice and with or without cause, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination:

• Your right to access and use the Website will immediately cease;
• We may delete your account and all associated data, subject to our Privacy Policy and applicable law;
• Any outstanding orders that have been confirmed and paid for will be fulfilled or appropriately refunded.

12.3 Survival

All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify, revise, update, or replace any part of these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page. In the case of material changes, we may also provide additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on the Website.

Your continued use of the Website following the posting of revised Terms of Service constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must stop using the Website immediately.

We will not be liable for any failure to notify you of changes to these Terms, and it is your responsibility to regularly review these Terms for any updates or amendments.

14. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Papa Ginos. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

We do not endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Website or any hyperlinked website. We shall not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

15. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information in compliance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) standards for consumer data protection nationwide. By using the Website, you consent to our collection and use of your information as described in the Privacy Policy.

16. Allergen and Food Safety Disclaimer

Papa Ginos takes food safety seriously. However, we cannot guarantee that any of our food products are entirely free from allergens, including but not limited to gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. Our food may be prepared in kitchens that handle these allergens. Customers with known food allergies or intolerances should exercise caution and contact us directly before placing an order to discuss their specific needs. Papa Ginos shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our food products where customers have failed to disclose relevant allergy information or where reasonable care has otherwise been taken.

17. Force Majeure

Papa Ginos shall not be liable for any delay or failure to perform our obligations under these Terms arising from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government restrictions, war, terrorism, labor disputes, power outages, internet disruptions, or supply chain failures. In such events, our obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as practicable.

18. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the original provision.

If any provision of these Terms is found to be unenforceable in a class action context, that specific provision shall be severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

19. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Papa Ginos on the Website, constitute the entire agreement between you and Papa Ginos concerning your use of the Website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and services.

No waiver by Papa Ginos of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Papa Ginos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Electronic Communications and Notices

By using the Website, you consent to receiving communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

Notices from you to Papa Ginos must be sent via email to [email protected]. Notices from Papa Ginos to you will be sent to the email address associated with your account, if applicable, or posted on the Website.

21. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation, please contact us using the information below:

We will make reasonable efforts to respond to all legitimate inquiries within a reasonable timeframe. For urgent matters related to your order, please contact us as soon as possible so we can address your concern promptly.